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Saturday, June 22, 2013

Fathwa - A case of obsessive whispers about purification

Question
My question is ragading purity as i am very concious about
purity.There are certain things which i note from Day to Day affairs ,
pls aclarify them. If blood comes from someone mouth , how many times
he has to wash his mouthto purify it.If blood comes and someone is not
able to purify it and after some time pure saliva comes out does it
means that mouth is purified. Which of these things have same ruling
as earth like they are pure if dry and no smell or stain of impurity
remains. Walls Fixed Doors or Windows Fixed Bathroom fitting Ropes on
which cloths are hanged to dry in open place. i always instruct in my
house to wash my cloths in such a way that it becomes pure by noting
even the minute details.If some lapse is made during that washing
which my wife or mother do not note during washing and theythink that
the cloths are pure , will the cloths be rendered as pure. I always
advise my home members to wash their hands or cloths and sometimes ask
them to tell hw they done it and if found something wrong advise them
to repeat which annoys them.I think this is my wrong practise should i
discontinue that and whatever they do i sud deem as all things pure.
If something ipmure is washed with solid soap , will the next cloth
washed with it become impure. If sometimes something impure like cream
is usedon hands, then after washing with water oily feel remains on
body.What wud be the order then. What wud bethe order if we wash
faceof small kid who throw milk with wet hands, will it purify the
face contaminated with milk ejected. Some times we some drops of
impure water on shoes and they dry , after that we polish the shoes
and bottom of our pants get some color of shoe polish as it falls on
shoes.Does our cloths become impure.After washing color of that polish
do not go easily what wud br the ruling. If impure cloths given to
laundry and after washing we dont know that they have washed according
to principal or not what is ruling.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
You should know, dear brother, that what you feel is not keenness on
purity; rather, it is a form of obsessive whispers. We ask Allaah The
Almighty to cure you from it. You are suffering from a strong form of
insinuating whispers regarding purification and impurity.
Amongst the ways of treating the person who suffers from whispers
regarding purification and impurity is not to mention to him the
detailed Fiqh matters for they may only increase his whispers.
Experience has taught us that going along with the one who suffers
from whispers and answering all what he is asking about will never end
and will increase him in nothing but whispers, especially ifthe
problems that he suffers go against what sane people agreed upon.
Hence, what we can say to you in brief is that firstly you have to
stop going to extremes and making things difficult for your family
regardingwashing clothes and hands. In principle, the Muslim purifies
himself and does purification well from impurity and what you are
doing in this regard is blameworthy exaggeration that has nothing to
do with religion.
Dear brother, stop doing that, may Allaah have mercy upon you, and
give up that exaggeration regarding impurity for it is the habit of
the Jews who used to cut off their garments and skin due tothe
impurity of urine andthus the one who suffers that kind of insinuating
whispers imitates them.
Kindly refer to the Fataawa 87127and 91332which clarify that the basic
principle with regard to all matters is that all things are pure
unless the contrary is proved, and Fataawa 83401and 96089about warning
against insinuating whispers regarding purification.
Allaah Knows best.

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Dire consequences of injustice - II

Causes of Injustice
A- The devil: Allaah The Almighty Says )what means(:
}O you who have believed, enter into Islam completely ]and perfectly[
and do not follow the footsteps of Satan. Indeed, he is to you a clear
enemy.{]Quran 2:208[
}Satan has overcome them and made them forget the remembrance of
Allaah. Those are the party of Satan. Unquestionably, the party of
Satan - they will be the losers.{]Quran 58:19[
B- A persistent evil-enjoining soul; Allaah The Almighty Says )what
means(:}Indeed, the soul is a persistent enjoiner of evil.{]Quran
12:53[
C- Personal inclination; Allaah TheAlmighty Says )what means(:
}So follow not ]personal[ inclination, lest you not be just.{]Quran 4:135[
}But as for he who feared the position of his Lord and prevented the
soul from ]unlawful[ inclination, then indeed, Paradise will be ]his[
refuge.{]Quran 79:40, 41[
}…and do not obey one whose heart We have made heedless of Our
remembrance and who follows his desire.{]Quran 18:28[ There many other
similar verses.
Curing and Giving Up Injustice
1- Remembering that Allaah TheAlmighty never does injustice; He Says
)what means(:
}Whoever does righteousness - itis for his ]own[ soul; and whoever
does evil ]does so[ against it. And your Lord is not ever unjust to
]His[ servants.{]Quran 41:46[
}Indeed, Allaah does not do injustice, ]even[ as much as an atom's
weight{]Quran 4:40[
}Allaah wants no injustice to the worlds.{]Quran 3:108[
2- Considering the fateful destiny of unjust people: Allaah The
Almighty Says )what means(:
}And decidedly not one of you ]there is[, except that he will go
]herded[ down to it; that, for your Lord, has been a thing decreed, a
must. Thereafter, We will safely deliver the ones who were pious and
leave behind the unjust ]ones[, ]abjectly[ kneeling.{]Quran 19:71, 72[
}And your Lord would not have destroyed the cities unjustly while
their people were reformers.{]Quran 11:117[
}Say, "Have you seen for yourselves? In case the torment of Allaah
comes up to you suddenly or openly, will any be perished except the
unjust people?"{]Quran 6:47[
3- Not to despair of the Mercy of Allaah The Almighty: He Says )what
means(:}Indeed, no one despairs of relief from Allaah except the
disbelieving people.{]Quran 12:87[. It was narrated on the authority
of Safwaan ibn Muhriz that a man asked Ibn Umar"What did you hear the
Messenger of Allaahsay in private?"Ibn 'Umar replied,"I heard the
Prophetsay:
A believer will be brought extremely close to his Lord on the Day of
Resurrection. Enveloping him in His Mercy; He will make him confess to
his sins by asking him: "Do you remember doing this sin and thatsin?"
He will reply: "Yes, my Lord, I remember." Then Allaah The Almighty
will Say, "I covered it upfor you in the worldly life, and I forgive
you for it today." Then therecord of his good deeds will be handed to
him. As for the disbelievers and hypocrites, their evil acts will be
exposed publicly}…and the witnesses will say, "These are the ones who
lied against their Lord." Unquestionably, the curse of Allaah is upon
the wrongdoers...{]Quran 11:18["]Muslim[
Moreover, theHadeethabout the story of the man who killed ninety-nine
people, as well as theone who said:"By Allaah, if my Lord takes hold
of me, He would torment me as He has not tormented anyone
else."]Al-Bukhaari and Muslim[, support the same meaning that
abeliever must not despair of the mercy of Allaah The Almighty.
4- Imagining the predicament ofreckoning and judgment on the Day of
Judgment; Allaah The Almighty Says )what means(:}Andthe earth will
shine with the lightof its Lord, and the record ]of deeds[ will be
placed, and the prophets and the witnesses will be brought, and it
will be judged between them in truth, and they will not be wronged.
And every soul will be fully compensated ]for[ what it did; and He is
most knowing of what they do.{]Quran 39:68-70[
5- Remembrance and mentioning of Allaah The Almighty and seeking His
forgiveness: Allaah The Almighty Says )what means(:}And those who,
when they commit an immorality or wrong themselves ]by transgression[,
remember Allaah and seek forgiveness for their sins - and who can
forgive sins except Allaah? - and ]who[ do not persist in what they
have done while they know.{]Quran 3:135[
6- Restraining oneself from doing injustice and returning rights to
their owners: Sincere repentance is to feel remorse in the heart, to
restrain oneself from disobeying Allaah The Exalted, to ask Him for
forgiveness by the tongue, and endeavor to return rights to
theirowners. Consequently, whoever has transgressed against his
brother's honor, property or anything else, then let him ask for his
forgiveness today before the time )the Day of esurrection( when there
will not be any dinars or dirhams and there will only good deeds and
evil deeds, as mentioned in the authenticHadeeth.
Consequences and Harms of Injustice
- Injustice incurs the anger of Allaah The Exalted.
- Allaah The Almighty makes an unjust person suffer all types of torment.
- Injustice destroys families and states.
- An unjust person will be deprived of all forms of the
intercession of the Prophet,.
- Letting unjust people go unpunished corrupts the entireUmmah)Nation(
- Injustice is a sign of the hardness and darkness of the heart.
- An unjust person is low and mean in the sight of Allaah The Exalted.
- Injustice causes one to lose the blessings of Allaah The
Almighty. The Quran tells us the story of the man who lost his two
gardens because of his injustice: Allaah The Almighty Says )what
means(:
}And he entered his garden whilehe was unjust to himself. He said,"I
do not think that this will perish - ever. And I do not think the Hour
will occur. And even if I should be brought back to my Lord, I will
surely find better thanthis as a return."{]Quran 18:35, 36[
Injustice was the only cause of the destruction of previous
kingdoms:}So the people that committed wrong were eliminated. And
praise to Allaah, Lord of the worlds.{]Quran 6:45[
}So We took him ]Pharaoh[ and his soldiers and threw them into the
sea. So see how was the end of the wrongdoers.{]Quran 28: 40[
Allaah The Almighty also tells us about the people of Loote
)Lut(Saying )What means(:}So when Our command came, We made the
highest part ]of the city[ its lowest and rained upon them stones of
layered hard clay, ]which were[ marked from your Lord. And Allaah's
punishment is not from the wrongdoers ]very[ far.{]Quran 11:82, 83[
Similarly, Allaah The Exalted destroyed the people of Nooh
)Noah(Thamood, 'Aad and the Companions of the Thicket. Allaah The
Almighty Says )what means(:}So each We seized for his sin; and among
them were those upon whom We sent a storm of stones, and among them
were those who were seized by the blast ]from the sky[,and among them
were those whom We caused the earth to swallow, and among them were
those whom We drowned. And Allaah would not have wronged them, but it
was they who were wronging themselves.{]Quran 29:40[
The remorse of unjust people is useless if it comes too late;}And the
Day that the unjust ]person[ will bite at both his hands, ]and[ say,
"Oh, would that I had taken to myself a way along with the
Messenger."{]Quran 25:27[
Injustice is one of the sins that cause one to be punished in this
world and in the Hereafter because it affects others. This is no
surprise, as the wronged person humbly and bitterly supplicates
against the person who did injustice to him, and Allaah The Exalted
answers his supplication, Saying:"By My Mightand Exaltedness, I shall
rescue you, even if it be after some time."
Hence, fear Allaah The Almighty; be just and return the rights to whom
they are due, before there comes a day when there will be no
repelling.

Dire consequences of Injustice - I

Injustice is deviation from justice and violation of the truth.
There are three broad types of injustice:
1-To be unjust towards Allaah The Almighty: The most heinous forms of
this type are disbelief, polytheism, and hypocrisy. Allaah The
Almighty Says )what means(:
·}And ]mention, O Muhammad[, when Luqmaan said to his son while he was
instructing him, "O my son, do not associate ]anything[ with Allaah.
Indeed, association ]with him[ is great injustice."{]Quran 31:13[
·}Indeed, the curse of Allaah is upon the unjust.{]Quran 11:18[
2-To be unjust towards other people: Allaah The Almighty Says )what means(:
·}And the recompense of an odious deed is an odious deed the like of
it; yet whoever is clement and acts righteously, then his reward is up
to Allaah. Surely, He does not love the unjust.{]Quran 42:40[
·}The cause is only against the ones who wrong the people and
tyrannize upon the earth withoutright. Those will have a painful
punishment.{]Quran 42:42[
3-To be unjust towards oneself: Allaah The Almighty Says )what means(:
·}Then we caused to inherit the Book those We have chosen of Our
servants; and among them is he who wrongs himself.{]Quran 35:32[
·}He ]Moosa[ said, "My Lord, indeed I have wronged myself, soforgive
me," and He forgave him. Indeed, He is the Forgiving, the
Merciful.{]Quran 28:16[
In fact, all three types are considered as doing injustice to oneself
as one wrongs oneself when one intends to do injustice.
Ath-Thahabimaintained thatinjustice is a major sin and said that doing
injustice to others may take the form of trespassing on their
property, abusing them physically or verbally, and attacking the weak.
He mentioned the Quranic verses and PropheticHadeethsthat threaten the
unjust. Then he reported that some of the righteous predecessors
said,"Do not wrong the weak so as not to be one of the evil strong
people."In addition to this, he mentionedsome forms of injustice that
he considered to be major sins:
-Devouring the property of orphans
-Procrastination in repaying debts despite the ability to repay at the due time.
-Denying a wife her rights such as dowry, clothing and provision.
-Denying a laborer his wage or salary
-Inaccurate divisions and valuation, which are considered major sins,
according to Ibn Hajar.
The Texts of theSharee'ahDispraise Injustice
Allaah The Almighty Says )what means(:
·}And those cities - We destroyedthem when they wronged, and We made
for their destruction anappointed time.{]Quran 18:59[
·} And in no way did We do injustice to them, but it is they who
were the unjust. { ]Quran 43:76[
·}Allaah does not love the unjust.{]Quran 3:57[
·}And your Lord does injustice to no one.{]Quran 18:49[
·}And your Lord is not ever unjust to ]His[ servants.{]Quran 41:46[
· } Verily the unjust are surely in perpetual torment. {]Quran 42:45[
In addition, there are many Quranic verses that speak about doing
injustice to oneself. These verses explain that this type of injustice
comes in two forms:Shirk)polytheism(, and disobeying Allaah The
Almighty.Shirkis the most heinous of sins; Allaah The Almighty Says
)what means(:}Then we caused to inherit the Book those We have chosen
of Our servants; and among them is he who wrongs himself, and among
them is he who is moderate, and among them is he who is foremost in
good deeds by permission of Allaah. That ]inheritance[ is what is the
great bounty.{]Quran 35:32[
Doing injustice to others throughaggression against their lives,
property or anything else, is dispraised in many Quranic versessuch as
the verse that reads )what means(:}The cause is onlyagainst the ones
who wrong the people and tyrannize upon the earth without right. Those
will have a painful punishment.{]Quran 42:42[
Similarly, theHadeethsof the Prophet,, dispraise injustice:
-It was narrated on the authorityof Abu Moosa Al-Ash'arithat the
Prophet,, said:"Indeed, Allaah gives respite to the oppressor, but
when He seizes him, He does not let him escape."'Then he recited:}And
thus is the taking away of your Lord when He takes away the towns
]while[ they are unjust; surely His taking away is painful ]and[
strict.{]Quran 11:102[ ]Al-Bukhaari and Muslim[
-The Prophet,, said:"Protect yourselves against doing injustice, for
injustice will be darkness on the Day of Resurrection."]Muslim[
-'Aa'ishahsaid to Abu Salamah ibn 'Abdur Rahmanwho was disputing with
some people over a piece of land,"O Abu Salamah, beware of seizing
land unjustly because the Prophetsaid,'Whoever seizes unlawfully a
hand-span of land, a collar of seven lands will be around his neck ]in
the Hereafter[.'"]Al-Bukhaari and Muslim[
-It was narrated on the authorityof Huthayfahthat the Prophet,,
said:"Do not be blind followers and say: 'If peopledo good, we do
good, and if people do injustice, we do injustice.' Adjust yourselves;
when people do good, do good, and when they wrong, do not do
injustice."]At-Tirmithi[
-It was narrated on the authorityof 'Abdullah ibn Mas'oodthatthe
Prophet,, said:"Whenever a person is murdered,there is a share of the
burden of the crime on the son of 'Aadam ]Adam[since he was the first
to commit murder."]Al-Bukhaari and Muslim[
-It was narrated on the authorityof Abu Hurayrahthat the Prophet,, said:
Do not envy one another; do not commit Najash ]to overbid against a
rival purchaser simply to harm him with no intention ofbuying the
merchandise[; do not hate one another; do not turn your backs on one
another; do not enter into commercial transactions when others have
entered into that ]transaction[; rather, be, O slaves of Allaah,
brothers. A Muslim is the brother of a Muslim; he does not do
injustice to him, he does not let him down, and he does not disdain
him. Piety is here, ]and hepointed to his chest three times[.It is
enough evil for a Muslim to disdain his brother Muslim. All of a
Muslim is inviolable for other Muslims: his blood ]life[, his property
and his honor.]Muslim[
The righteous predecessors also dispraised injustice in their sayings:
-'Ali ibn Abi Taalibsaid,"The day when the wronged will triumph over
the wrongdoer will be far severer than the day when the wrongdoer
wronged him."Mu'aawiyahwould say,"I would be terrified to wrong a
person who has none but Allaah The Exalted to seek His help against
me."
-Abu Al-'Aynaa'said,"I had some unjust enemies, and I complained about
them to Ahmad ibn Abi Daawood. I said tohim, 'They have become united
like a single hand against me!' He replied,'}The hand of Allaah is
over their hands.{]Qur'an 48:10['I said, 'They are cunning!' He
replied, '}The evil plot does not encompass except its own
people.{]Qur'an 35:43[' I said, 'They belong to a large company.'He
replied, '}How many a small company has overcome a large company by
permission of Allaah The Exalted.{]Qur'an 2:249['".
-Yoosuf ibn 'Asbaatsaid,"Whoever wishes an oppressor long life wants
Allaah The Exaltedto be disobeyed in His universe."
-Ibn Mas'oodsaid,"When thepunishment was removed from the people of
Yoonusthey allreturned the rights of others to the extent that a man
would pluck a stone out of the foundation of his house and return it
to its owner."
-Abu Thawr ibn Yazeedsaid,"Using an unlawfully acquired stone in a
building is considered the beginning of its destruction."
-A scholar said,"Had a single stone of injustice been used in building
Paradise, the House of Eternity, it would have been ruined."
-A sage said,"When you want to do injustice, remember the justice of
Allaah The Almighty that will be executed against you.When you want to
use your strength to wrong others, remember that Allaah The Exalted
has the strength to punish you. Never, be impressed by someone who
sheds blood, as his Assassin never dies."
-Yazeed ibn Haatim would say,"I fear nothing more than a person whom I
wronged while knowing that he has no supporter but Allaah The Exalted,
especially when he says, 'Allaah The Exalted is sufficient to judge
between meand you.'"
-One day, 'Ali ibn Al-Fudhayl wept, so he was asked why. He replied,"I
feel sorry for those who wronged me, because they will have nothing to
say to Allaah The Almighty as an excuse."
-While Sulaymaan ibn 'Abdul-Malik was on the pulpit, a man said to
him,"Remember the Day of Announcement!"Sulaymaan descended from the
pulpit and asked the man,"And what is the Day of Announcement?"The man
answered,"Allaah The Almighty Says )what means(:}Then an announcer
will announce between them, "The curse of Allaah be on the
unjust."{]Quran 7:44["
-Abu Ad-Dardaa'said,"Beware of the orphan's tears and the supplication
of a wronged person."
-Some scholars state that there are three types of injustice:
oUnforgivable injustice: This typerefers toShirk, from which we seek
refuge with Allaah The Exalted. Allaah The Almighty Says )what
means(:}Indeed, Allaah does not forgive association withHim, but He
forgives what is less than that for whom He wills.{]Quran 4:48[
oInjustice that cannot be waived:This type refers to doing injusticeto
the servants of Allaah The Almighty.
oForgivable Injustice: This type refers to wronging oneself.
-A man passed by a person whom Al-Hajjaaj hadcrucified, and said,"O
Allaah, your leniency with the oppressors has harmed the
oppressed."When the man slept that night he saw in a visionthat he
entered Paradise, and saw the man who had been crucified in the
highest ranks of Paradise; then he heard a caller say,"My leniency
with the oppressors has admitted the oppressed people to the highest
ranks in Paradise."
-It was said,"Whoever plunders others property, others will plunder
his property."
-It is said,"Whoever does injustice for long, loses power."
-'Umarsaid,"Beware of the supplication of an oppressed man, as it is answered."
-'Alisaid,"The previous nations were destroyed because they kept
denying people's rightsuntil this became rampant, and they spread
transgression until its rights were ransomed."
-It was said,"The most evil of all wrongdoers is the one who wrongs
some people for the benefit of others."
-Ibn Al-Jawzi said,"Injustice necessitates two sins: usurping others'
rights and defying Allaah The Exalted with disobedience. The sin of
doing injustice is more evil than other sins because it is usually
committed against the weak, who are powerless to fendfor themselves.
The cause of injustice is the darkness of the heart; a man whose heart
is lit with guidance would not commitinjustice."
-Ibn Taymiyyahsaid,"Peopleunanimously agree that the consequences of
injustice are direand that the outcomes of justice are good."He also
said that,"Allaah The Exalted grants victoryto a just state even if it
is a non-Islamic state, and lets an unjust state be defeated, even if
it is an Islamic state."

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Prophetic prohibition against economic monopolies

Monopoly, orIhtikaarin Arabic, is a prohibited practice in Islam
because it leads to injustice. The Prophet Muhammadhas made explicit
and specific statements about it. For example, he said:"Whoever
withholds food )in order to raise its price(, has certainly
erred!"]Muslim[ Also:"Whoever strives to increase the cost )of
products( for Muslims, Allaah, the Exalted, will seat him in the
center of the Fire on the Day of Resurrection."]Ahmad and al-Haakim[
Mu'aathsaid that he heard the Messenger of Allaahsaying:"What an evil
person is the one who withholds! If Allaah causes the prices to drop,
he would be saddened, and if He causes them to climb, he would be
excited."]Al-Bayhaqi[ There are also Hadeeths that prohibit buying
goods from trade caravans before reaching the city,and traditions that
prohibit selling goods to persons unfamiliar with the market. These
are types of monopolistic practices that have known negative effects
upon the economic infrastructure.
As to buying goods from trade caravan merchants )who are unaware of
current prices in the market(, this is most analogous to what is known
today as a "special monopolistic pact," under which consumers,
typically, are harmed most.
As for selling goods to persons unfamiliar with the market, this works
to create special markets in which the seller or supplier utilizes the
consumer's lack of knowledge of the market and prices to his own end.
Ibn Hajar al-Haythamisaid:"It is said the reason this type of
transaction is prohibited )i.e., buying goods from trade caravans( is
the concern that the buyer will withhold the goods he purchases from
others, and thereafter treat them unfairly and make it difficult for
them."
The jurists are at variance as to what a monopoly includes. Is it
specific to foods, or does it include everything?
The majority opinion, which is also most in line with the aims
)maqaasid( of the Sharee'ah, is that the prohibited monopoly is one
that inflicts harm on people and makes it difficult for them with the
monopolist's intention to sell when prices soar, and at the highest
possible price. Whoever does this would be considered a monopolist,
and his deed is unlawful.
Imam Maaliksaid:"Monopolyoccurs in everything, including food
products, jute, woolen or safflower products and the like; whatever,
if withheld, would harm people, the withholder should be prevented
from so doing, but if he is not harming )consumers( or their commerce,
there is nothing wrong with it.
Imaam Yahya an-Nawawisaid:"The wisdom behind prohibiting monopolistic
practices is to prevent the harm that would befall people as a result.
Scholars are in agreement that if a person possesses items that people
are in dire need of, and they can not find anyone elseto supply it, he
is to be forced to sell it in order to lessen the harm and remove
difficulty from people."
Dr. Robi has clarified the conditions of the prohibited monopoly. He
said:"After readingthrough judicial economic writings, we can conclude
that the conditions of the prohibited monopoly according to the
jurists' are as follows:
Increasing the price
Many traditions underline that the aim of the one who withholds is to
increase the price.This can be understood from an economic
perspective, since it is not feasible for withholder to undergo loss
in order to purchase and store the product while part of it perishes
besides the fact that he used his capital to purchase the products to
later on sell it at the same price! This individual increases the
price when people are in need of the product.
As for one who stores some products, to make them availableat a time
of need, and makes a small profit by increasing the prices, without
harming the people; this person would indeedhave brought about a good
service to others.
This is, therefore, a form of permitted monopoly. Thus increasing
prices of goods is not harmful in itself. In fact, prices of a product
usually fluctuate during normal times, and may change from day to day,
and can increase to meet normal inflationthat is typical for the
particular community the trading takes place in.
Monopolistic practice, on the other hand, manipulates a situation to
intentionally increaseprices suddenly and drastically.
Decreasing supply sufficiently
A known method, by which prices are increased, is increasingdemand for
a product so that this demand exceeds its supply, or, conversely,
decreasing supply at a rate greater than the decreasing demand.
Naturally, in this case, it is not feasible for the one who withholds
the product to increase the supply, unless he decreases its cost, and
he defeatshis purpose in so doing. In such acase, he would not be able
to make a profit unless he reduces its supply partially or totally for
a period of time. The jurists differentiated various cases:
A. Controlling the supply of a product should not be confused with
decreasing the supply. Controlling supply, which is lawful and occurs
under normal circumstances, usually when products are readily
available, is beneficial to both consumer and supplier, as is the case
with agricultural goods.
B. Keeping stock for use should not be confused with stock kept for
retail. Considering the jurists' definition of monopoly, we find that
they restricted its meaning to buying products which are later
withheld, with the intentionof retailing them. Therefore, stocking
products for personal use is lawful, for it does not disrupt the
supply of the product or lead to price increases.
C. Large markets should not be confused with less important markets.
The reason monopolies are prohibited is due to the harmand dangers
that arise from them. Therefore, if withholding a product in a large
market would cause harm, it would be considered a prohibited monopoly.
D. Importing goods should not be confused with withdrawing goods from
the market. The majority of jurists agree that the importer of goods
from distant markets is not a monopolist, as long as he does not cause
harm. It is clear from the conditions of prohibited monopoly and
textual proofs in the Sharee'ah that monopolies of all sorts would
fallunder the same ruling, for the following reasons:
1.The traditions that mention prohibition of monopoly are general, and
no distinction is made therein between food products and animals.
2.The prohibition of the Messenger of Allaahregarding monopolies
relating tofoods is a ruling given to a common item which is
monopolized. It does not mean that it is the only item that a monopoly
is prohibited in, nor are the general traditions concerning this
restricted by those traditions mentioning the prohibition of the
Messengerin foods.
3.The reason monopolies are prohibited is the harm that arisesfrom
them; whenever this reasonis present in food monopolies or other
monopolies they are to be prevented.
4.Restricting monopolies to foods alone allows monopolies initems that
aid in their produce, such as fertilizers, agricultural machinery, and
animals. By right, monopolies in these items should also be disallowed
because they lead to monopolies in foods. In addition, present day
economic conditions are more complex, specializations have broadened,
work details have been divided, people are dependant upon others to
fulfill many of their needs, and new products have been invented,
which if not readily available cause disorder, and if monopolized
cause harm.
For this reason, Abu Yousef, the great Hanafi juristwas of theopinion
that monopolies of all sorts are prohibited, as long as they harm
people. In the language of present day economics it can be said that
it isnot lawful to play with supply of a necessary product which has
nosubstitute.
Examples of monopoly
Monopoly cannot be restrictively and exhaustively defined due to its
many types, but it is possible to cite some of the examples the
jurists mentioned when they talked about monopoly.
1.Monopolizing the production ofa product, whether individually or by
a group, so as to control pricing, supply, and competitive production.
2.Monopolizing certain services and trades, such that a certain group
has the arrogation of a monopole. Thus they can preventothers from
providing that service or trade, or they will not provide their
services, while the Ummah is in a dire need of them.
Ibn Taymiyyahsaid: "If people are in need of farmers, tailors, or
construction services, this work is compulsory upon them if the ruler
forces them to do so, after they refuse to accept reasonable charges
in lieu of their services. It is not lawful for them to ask for more
than that sum for their services."
He said: "Moreover, if people are accustomed ]or, have restricted
access[ to foods and other products being sold only by certain people,
in such a case it isa must that pricing be controlled,such that they
can only sell at reasonable cost."
Ibnul Qayyimsaid: "A horrid form of oppression is the renting out of
shops on the sides of roads, or in villages, for a certain price and
with the condition that no one sells a certain product except the one
who rents out theshops. This oppression is prohibited upon the one who
rents the shop out and upon the one who rents it....So too ]is
theirprohibition[ when people are habituated to foods or other
products being sold only by certain people, and wholesalers sell only
to them, and these wholesalers then sell the products in retail at
their own prices, while anyone besides them who sells these products
are punished and prevented fromdoing so. This indeed is oppression and
corruption whichhas spread in the lands."
Some researchers have commented on this passage saying: "The matter
which Ibn al-Qayyim is considering here is exclusive commercial or
business representation, which is commonin Islamic countries."
3.Agreed monopoly, wherein buyers or sellers agree to monopolize an
industry. Ibnul Qayyimsaid:"Many scholars, such as Abu Haneefah and
his companions, have disallowed those who divide real estate and other
things for a fee, to unite under a coalition ]or cartel[, for if they
do so, and people are in need of their services, they will increase
their rate."Ibn Taymiyyahsaid:"'Also, buyers should be prevented from
agreeing to purchase what one of them purchases until nothing is left
in the market."Ad-Dusooqi,the Maliki juristdescribes another form of
price-fixing that occurs in auctions:"It is not lawful for a buyer to
secretly agree with others not to raise the price of a product for him
in an auction."

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